Landscaper gains OK to raze sheds

Board member Dorothy Simms cast the dissenting vote; board
member Tom Behr was not present at the meeting.

Michele and Concetta Ianella were seeking to replace two garages
with one garage to store their landscaping equipment and office
space on their property just south of the railroad tracks and east
of the Sestri Restaurant on Valley Road in Gillette.

However, their property is located in a B-120 zone, which
authorizes retail use but did not say anything about storage.
Vincent Bisogno, their lawyer, sought an interpretation of the land
use.

Says Use Complies

In his view, the proposed use for Mr. and Mrs. Ianella's
property complied with the ordinance's definition for retail use
since it was going to be used to store equipment for their retail
business.

"The ordinance is very clear to the average person looking at
the zoning ordinance," Bisogno said. "The fact that we do not
provide our services on our own property is not
important."

But aside from board members Christianne Buffa and Matthew
Dorsi, who originally said the Ianellas did not need a use
variance, the board members said the use was not permitted under
the ordinance. They said Mr. and Mrs. Ianella would need a use
variance if they were going to build the new garage for equipment
storage.

"This is definitely not consistent with retail business," Simms
said before she voted against the application.

"I think this is definitely a storage yard," Chairman William
Neville said.

Still, the board members agreed with Bisogno when he said the
property was particularly suited for the property. He said Mr. and
Mrs. Ianella were making improvements on a property without adding
to the lot coverage. "We are taking down two dilapidated buildings
two shacks and building a new, more attractive building," he
said.

Moreover, he said the proposed garage and the vehicles will not
be seen from Valley Road. Trees buffer the property, hiding the
proposed garage from view.

"I drove right past it," he said, referring to the first time he
went to search for the property. "I couldn't find it since it was
so well hidden."

The board members largely agreed.

'Trying To Make Lemonade'

"He has been given lemons and he is trying to make lemonade,"
Dorsi said. At first, he said a use variance was not required. But
after Barry Hoffman, the board's lawyer, said he should consider an
ordinance specifically prohibiting storage, Dorsi changed his mind.
He said the use variance should be granted.

"It is well-suited for the variance to be granted," Neville
added.

Board member Arlene McCoy agreed but said she wanted the plans
to limit storage to 10 to 12 pieces of equipment. After she was
questioned by Hoffman, McCoy agreed to limit storage to the 14
items on the list.

Before Hoffman drafted the official resolution for approval,
Neville asked if the board could add a condition prohibiting Mr.
and Mrs. Ianella to rent out space for storage. Bisogno objected at
first but then agreed to a stipulation requiring the couple to
return to the board for their approval to rent such space out if
they decide they want to do so.

Mr. Ianella said he was pleased with the board's vote to grant
his application, notwithstanding the limits imposed on his proposed
beige-colored garage. He said he would like to start and complete
his garage sometime in the spring.

Hearing Deferred

The board also postponed a hearing on one franchiser's request
to run a snack shop on Valley Road. George Boyadzhyan owns the
Exxon service station at the corner of Poplar Drive in Stirling but
would like to add a small snack store for his customers. At the
Nov. 5 meeting, however, board members questioned if the snack
store is a permitted use so they allowed his planner, Roger
DeNiscia, more time so he could read the township's zoning
ordinance. Board members said they did not want added traffic
coming to the site and ex pressed an unwillingness to allow a
7-Eleven or Wawa-type store on the property.

The hearing was supposed to continue at the Tuesday, Dec. 4
hearing but it was postponed since there were only five eligible
voting board members. The hearing will resume at the board's
meeting Tuesday, Feb. 19.

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Online Poll

In recent weeks, Long Hill Township and Watchung Borough passed ordinances allowing their police departments to be able to apply for surplus equipment from the Department of Defense. Long Hill recently procured a Humvee to use in times of flooding, which Watchung states as the reason they are getting into the program. However, in cities around the country, police forces have used the program to obtain military gear, such as weapons and armor.
For more background, go to the link below
http://www.newjerseyhills.com/echoes-sentinel/news/watchung-police-department-hopes-to-receive-equipment-from-department-of/article_12ad002a-92b3-5449-a2cc-4b2cf0ce4339.html